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Data protection declaration

Responsible for data processing is:

 

Markus Bertling

Ober Buschweg 1b

50999 Cologne

info@merchndarts.com

 

Thank you for your interest in our online store. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.

 

Access data and hosting

 

You can visit our websites without providing any personal information. Each time you access a website, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of access, the amount of data transferred and the requesting provider (access data) and documents the access.

 

This access data is evaluated exclusively for the purpose of ensuring trouble-free operation of the site and improving our offer. In accordance with Art. 6 para. 1 p. 1 lit. f DSGVO, this serves to protect our legitimate interests in the correct presentation of our offer, which outweigh our interests in the context of a balancing of interests. All access data is deleted no later than seven days after the end of your visit to the site.

Hosting services by a third-party provider

As part of processing on our behalf, a third-party provider provides hosting and website presentation services for us. This serves to protect our legitimate interests in a correct presentation of our offer, which are outweighed in the context of a balancing of interests. All data collected in the course of using this website or in forms provided for this purpose in the online store as described below are processed on its servers. Processing on other servers only takes place within the framework explained here.

This service provider is located within a country of the European Union or the European Economic Area.

 

Data collection and use for contract processing, contacting us 

 

We collect personal data if you voluntarily provide it to us in the context of your order or when contacting us (e.g. via contact form or e-mail). Mandatory fields are marked as such, because in these cases we need the data to process the contract, or to process your contact and you can not send the order or contact without their information. Which data is collected can be seen from the respective input forms. We use the data provided by you in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO for contract processing and processing your requests. If you have given your consent in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO by deciding to open a customer account, we will use your data for the purpose of opening a customer account. After complete processing of the contract or deletion of your customer account, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement. The deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described below or via a function provided for this purpose in the customer account.

 

Data transfer

 

For the fulfillment of the contract in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO, we pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the ordering process, we pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service. In some cases, the selected payment service providers also collect this data themselves, insofar as you create an account there. In this case, you must register with the payment service provider with your access data during the ordering process. In this respect, the privacy policy of the respective payment service provider applies.

 

Data transfer to shipping service providers

If you have given us your express consent to do so during or after your order, we will pass on your e-mail address and telephone number to the selected shipping service provider on the basis of this consent in accordance with Art. 6 (1) p. 1 lit. a DSGVO, so that the shipping service provider can contact you before delivery for the purpose of delivery notification or coordination.

 

The consent can be revoked at any time by sending a message to the contact option described below. After revocation, we will delete your data provided for this purpose, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.

 

Data transfer for the purpose of age verification

If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. For this purpose, the SCHUFA IdentitätsCheck is used on our website. This service is operated by SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden.

In order to ensure the required minimum age, individual personal data (e.g. name, address and date of birth) are transmitted to SCHUFA Holding AG in this context. A so-called identity check is then carried out with Q-Bit, which has been positively assessed by the Commission for the Protection of Minors in the Media (KJM) for age verification.

Pursuant to Art. 6 (1) sentence 1 lit. f DSGVO, the transmission of data serves to protect our legitimate interests, which are overriding in the context of a balancing of interests, in ensuring an offer that complies with the law on the protection of minors, as well as the legal provisions on the protection of minors.

A credit check does not take place in this respect.

 

After complete processing of the contract and after expiry of the retention periods under tax and commercial law, your data processed for this purpose will be deleted, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

 

E-mail newsletter

 

E-mail advertising with registration for the newsletter

If you register for our newsletter, we use the data required for this purpose or separately provided by you to regularly send you our e-mail newsletter based on your consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO.

Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this statement.

 

Use of data for payment processing

 

Identity and credit check when you choose Klarna payment services

If you choose Klarna's payment services, we ask for your consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO that we may transfer the data necessary for the processing of the payment and an identity and credit check to Klarna. In Germany, the credit agencies mentioned in Klarna's privacy policy may be used for the identity and credit check.

The information received about the statistical probability of non-payment is used by Klarna for a weighed decision on the establishment, implementation or termination of the contractual relationship.

You can revoke your consent at any time by sending a message to the contact details below. This may result in us no longer being able to offer you certain payment options. You can also revoke your consent to this use of personal data at any time to Klarna.

 

Cookies and web analysis

 

In order to make the visit to our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use so-called cookies on various pages, insofar as you have given your consent to this in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO.

Cookies are small text files that are automatically stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and allow us to recognize your browser the next time you visit (persistent cookies). The duration of storage can be found in the overview in the cookie settings of your web browser. You can set your browser so that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. If you do not accept cookies, the functionality of our website may be limited. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find this for each browser at the following links:

Microsoft Edge™: https://support.microsoft.com/de-de/help/4027947/microsoft-edge-delete-cookies

Safari™: https://support.apple.com/de-de/guide/safari/sfri11471/12.0/mac/10.14

Chrome™: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en

Firefox™ https://support.mozilla.org/de/products/firefox/protect-your-privacy/cookies

Opera™ : https://help.opera.com/de/latest/web-preferences/#cookies

In addition, you can revoke your consent at any time by sending a message to the contact option described in the privacy policy.

Insofar as you have given your consent to this in accordance with Art. 6 (1) p. 1 lit. a DSGVO, this website also uses the so-called DoubleClick cookie for advertising purposes as part of the application of Google Analytics (see below), which enables your browser to be recognized when visiting other websites. The information automatically generated by the cookie about your visit to this website will be transmitted to and stored by Google on servers in the United States. The IP address is shortened by activating the IP anonymization on this website before transmission within the Member States of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.

 

Google will use this information for the purpose of compiling reports on website activity and providing other services relating to website activity. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. After the end of the purpose and the end of the use of Google DoubleClick by us, the data collected in this context will be deleted.

Google Double Click is an offer of Google Ireland Limited, a company registered and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. (www.google.de). Insofar as information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield.

A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.

 

You can revoke your consent at any time with effect for the future by deactivating the DoubleClick cookie via this link. In addition, you can obtain information from the Digital Advertising Alliance about the setting of cookies and make settings for this. Finally, you can set your browser so that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. If you do not accept cookies, the functionality of our website may be limited.

Use of Google (Universal) Analytics for web analysis

Insofar as you have given your consent to this in accordance with Art. 6 (1) p. 1 lit. a DSGVO, this website uses Google (Universal) Analytics for the purpose of website analysis. The web analytics service is provided by Google Ireland Limited, a company incorporated and operated under the laws of Ireland, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. (www.google.de). Google (Universal) Analytics uses methods that enable analysis of your use of the website, such as cookies. The information automatically collected about your use of this website is usually transferred to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the Member States of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. After the end of the purpose and the end of the use of Google Analytics by us, the data collected in this context will be deleted.

 

Insofar as information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.

 

You can revoke your consent at any time with effect for the future by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de. This will prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google.

 

As an alternative to the browser plugin, you can click this link to prevent the collection by Google Analytics on this website in the future. In doing so, an opt-out cookie will be placed on your terminal device. If you delete your cookies, you will be asked again to give your consent.

Insofar as you have given your consent to this in accordance with Art. 6 (1) p. 1 lit. a DSGVO, this website also uses Google Signals. This is an extension function of Google Analytics that enables so-called "cross-device tracking". This means that if your internet-enabled devices are linked to your Google account, Google can create reports on usage behavior (esp. cross-device user numbers), even if you change your terminal device. For this purpose, Google uses data insofar as you have activated the "personalized advertising" setting in your Google account.

We do not process personal data in this respect; we only receive statistics generated on the basis of Google Signals.

You can revoke your consent at any time with effect for the future by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de . This will prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google. In addition, you can disable the "personalized advertising" setting in your Google account. Details can be found here.

 

Online Marketing

 

Google Ads Remarketing

We use Google Ads to advertise this website in Google search results and on third-party websites. Insofar as you have given us your consent for this in accordance with Art. 6 (1) p. 1 lit. a DSGVO, the so-called remarketing cookie is set by Google when you visit our website, which automatically enables interest-based advertising by means of a pseudonymous cookieID and on the basis of the pages you have visited. After the end of the purpose and the end of the use of Google Ads Remarketing by us, the data collected in this context will be deleted.

 

Any further data processing will only take place if you have consented to Google linking your web and app browsing history to your Google account and using information from your Google account to personalize ads you see on the web. In this case, if they are logged into Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For this purpose, Google temporarily links your personal data with Google Analytics data to form target groups.

 

Google Ads is an offering of Google Ireland Limited, a company incorporated and operated under the laws of Ireland with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.de). Insofar as information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield.

A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.

 

You can revoke your consent at any time with effect for the future by deactivating the remarketing cookie via this link. In addition, you can obtain information from the Digital Advertising Alliance about the setting of cookies and make settings in this regard.

 

Google Maps

This website uses Google Maps to visually display geographical information. Google Maps is a service provided by Google Ireland Limited, a company incorporated and operated under the laws of Ireland, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.de). This serves to protect our legitimate interests in an optimized presentation of our offer as well as an easy accessibility of our locations, which prevail in the context of a balancing of interests according to Art. 6 para. 1 lit. f) DSGVO.

When using Google Maps, Google transmits or processes data about the use of the Maps functions by website visitors, which may include in particular the IP address and location data. We have no influence on this data processing.

Insofar as information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.

To deactivate the Google Maps service and thus prevent the transfer of data to Google, you must deactivate the Java Script function in your browser. In this case, Google Maps cannot be used or can only be used to a limited extent.

Further information about data processing by Google can be found in Google's privacy policy. The terms of use for Google Maps contain detailed information about the map service.

Data processing is carried out on the basis of an agreement between jointly responsible parties pursuant to Art. 26 DSGVO, which you can view here.

Google reCAPTCHA

For the purpose of protecting against misuse of our web forms as well as against spam, we use the Google reCAPTCHA service within the scope of some forms on this website. Google reCAPTCHA is an offer of Google Ireland Limited, a company registered and operated under the laws of Ireland with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. (www.google.de). By verifying a manual input, this service prevents automated software (so-called bots) from carrying out abusive activities on the website. In accordance with Art. 6 para. 1 p. 1 lit. f DSGVO, this serves to protect our legitimate interests in the protection of our website against misuse and in a trouble-free presentation of our online presence, which outweigh our interests in the context of a balancing of interests.

Google reCAPTCHA uses by means of a code embedded in the website, a so-called JavaScript, as part of the verification methods that allow an analysis of your use of the website, such as cookies. The automatically collected information about your use of this website, including your IP address, is usually transferred to a Google server in the USA and stored there. In addition, other cookies stored by Google services in your browser are evaluated by Google reCAPTCHA.

A readout or storage of personal data from the input fields of the respective form does not take place.

Insofar as information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.

You can prevent the collection of the data generated by the JavaScript, or the cookie and related to your use of the website (including your IP address) to Google, as well as the processing of this data by Google, by preventing the execution of JavaScript or the setting of cookies in your browser settings. Please note that this may restrict the functionality of our website for your use.

Further information on Google's data protection policy can be found here.

 

Social Media PlugIns

 

Use of social plugins from Facebook, Google, Instagram using the Shariff solution.

 

Social buttons from social networks are used on our website.

 

This serves to protect our legitimate interests in an optimal marketing of our offer, which prevail in the context of a balancing of interests, according to Art. 6 para. 1 p. 1 lit. f DSGVO. In order to increase the protection of your data when visiting our website, these buttons are not unrestricted plug-ins, but are only integrated into the page using an HTML link. This integration ensures that when you call up a page of our website that contains such buttons, no connection is yet established with the servers of the provider of the respective social network.

 

If you click on one of the buttons, a new window of your browser opens and calls up the page of the respective service provider, on which you can (if necessary after entering your login data) e.g. click the Like or Share button.

 

For the purpose and scope of the data collection and the further processing and use of the data by the providers on their pages, as well as a contact option and your rights and setting options in this regard to protect your privacy, please refer to the privacy notices of the providers.

https://www.facebook.com/policy.php

https://developers.google.com/+/web/buttons-policy

https://help.instagram.com/155833707900388

 

Our online presence on Facebook, Google, Instagram.

Our presence on social networks and platforms serves to improve active communication with our customers and interested parties. We provide information there about our products and ongoing special promotions.

When visiting our online presences on social media, your data may be automatically collected and stored for market research and advertising purposes. So-called usage profiles are created from this data using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used on your terminal device for this purpose. In these cookies, the visitor behavior and the interests of the users are stored. This serves according to Art. 6 para. 1 lit. f. DSGVO to protect our legitimate interests in an optimized presentation of our offer and effective communication with customers and interested parties, which prevail in the context of a balancing of interests. If you are asked by the respective social media platform operators for consent (agreement) to the data processing, e.g. by means of a checkbox, the legal basis for the data processing is Art. 6 (1) lit. a DSGVO.

Insofar as the aforementioned social media platforms have their headquarters in the USA, the following applies: For the USA, there is an adequacy decision of the European Commission. This goes back to the EU-US Privacy Shield. A current certificate for the respective company can be viewed here.

For detailed information on the processing and use of data by the providers on their sites, as well as a contact option and your rights and setting options in this regard to protect your privacy, in particular objection options (opt-out), please refer to the privacy notices of the providers linked below. If you still require assistance in this regard, you can contact us.

Facebook: https://www.facebook.com/about/privacy/

Data processing is carried out on the basis of an agreement between jointly responsible parties pursuant to Art. 26 DSGVO, which you can view here:

https://www.facebook.com/legal/terms/page_controller_addendum

Google/ YouTube: https://policies.google.com/privacy

Instagram: https://help.instagram.com/519522125107875

 

Option to object (opt-out):

Facebook: https://www.facebook.com/settings?tab=ads

Google/ YouTube: https://adssettings.google.com/authenticated

Instagram: https://help.instagram.com/519522125107875

Pinterest: https://www.pinterest.de/?next=/settings/

 

Contact options and your rights

 

As a data subject, you have the following rights:

Pursuant to Art. 15 DSGVO, the right to request information about your personal data processed by us to the extent specified therein;

pursuant to Art. 16 DSGVO, the right to request without undue delay the correction of inaccurate or completion of your personal data stored by us;

in accordance with Art. 17 DSGVO, the right to request the deletion of your personal data stored by us, unless further processing is necessary

- for the exercise of the right to freedom of expression and information;

- for the fulfillment of a legal obligation;

- for reasons of public interest; or

- for the assertion, exercise or defense of legal claims; or

is necessary;

in accordance with Art. 18 DSGVO, the right to demand the restriction of the processing of your personal data, insofar as

- the accuracy of the data is disputed by you;

- the processing is unlawful, but you object to its erasure;

- we no longer need the data, but you require it for the assertion, exercise or defense of legal claims; or

- you have objected to the processing in accordance with Art. 21 DSGVO;

pursuant to Art. 20 DSGVO, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller;

pursuant to Art. 77 DSGVO, the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.

 

If you have any questions about the collection, processing or use of your personal data, for information, correction, restriction or deletion of data, as well as revocation of consent given or objection to a particular use of data, please contact us directly using the contact details in our imprint.

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